Johnson & Johnson orthopedic subsidiary DePuy agreed to pay at least $2.4 billion concerning the medical device company’s DePuy ASR metal hip implant in a metal-on-metal hip replacement settlement agreement reached on May 15.

While DePuy could have chosen to exercise their “Walk Away Right,” since fewer than 94 percent of potential ASR claimants did not enroll in the settlement program on time, the J&J subsidiary has instead decided to move forward with the settlement and compensate DePuy ASR metal hip implant patients for the pain and suffering allegedly endured from their metal hip replacement system.

Qualifying claimants may be entitled up to $250,000 in compensation for damages related to the DePuy hip implant.

Background DePuy ASR Metal Hip Replacements

DePuy’s ASR Acetabular Cup System is a metal-on-metal hip implant system that was given U.S. Food & Drug Administration (FDA) approval in August 2005. Within a few months of the initial hip implant sales, troubling reports of ASR hip implant failure began to surface.

Beginning in 2006 and continuing through 2009, more than 600 reports were filed with the FDA concerning ASR hip implants failing within a few years of implantation. Generally, metal hip implants are designed to last at least a decade after the initial replacement surgery.

In August 2010, J&J DePuy issued a recall of the ASR hip implant and advised patients to contact their primary care physician and surgeon to have the product removed, even if they were not experiencing any pain or complications.

The 2010 report linked a 13 percent failure rate of the ASR Acetabular Cup System. However, according to recent data, DePuy’s hip replacements seem to have a 35 to 45 percent rate of failure, especially in female hip replacement patients with small bone structures and weak bones.

DePuy ASR Metal Hip Implant Side Effects

Allegedly, the problems associated with the ASR metal hip implant lies in the products design, which is made in such a way that makes it difficult for even skilled surgeons to properly position at the proper angle for efficient hip support. As a result, the ASR metal hip replacement is prone to fail and the small particles of metal that are released as a result can cause inflammatory reactions and extreme pain for patients. Some complications associated with a defective metal hip implant include:

• Hip Failure
• Unexplainable hip pain and discomfort
• Random loosening of ASR Hip Implant
• Inflammation in surrounding hip tissue from ASR metal

These complications require subsequent surgery to remove and replace the DePuy ASR product. However, even after removal of the DePuy hip implant, a patient may continue to suffer pain and discomfort.